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" An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised... "
The Albany Law Journal: A Monthly Record of the Law and the Lawyers - Σελίδα 320
1874
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Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 6;Τόμος 154

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 1002 σελίδες
...sound the definitions of a de facto officer laid •down as follows in State v. Carroll, 38 Conn., 449: "An officer de facto is one whose acts, though not those of a lawful officer, the law, upon the principles of policy and justice, will hold valid, so far as they involve the interests of the...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 291

Illinois. Supreme Court - 1920 - 694 σελίδες
...supported by many decisions from other jurisdictions. In State v. Carroll, 38 Conn. 449, the court stated : "An officer de facto is one whose acts, though not...justice, will hold valid so far as they involve the interest of the public and third persons, where the duties of the office were exercised." This court...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 245

Illinois. Supreme Court - 1910 - 710 σελίδες
...the law, upon principles of policy and justice, will hold valid so far as they involve the interest of the public and third persons, where the duties of the office were exercised." This court, in People v. Lieb, supra, cited with approval Brown v. Lunt, 37 Me. 428, where a de facto...

Albany Law Journal, Τόμος 36

1888 - 564 σελίδες
...the subject of the validity of the acts of de facto officers. In the Connecticut case it was said: "An officer de facto is one whose acts, though not...public and third persons, where the duties of the officer were exercised. First, without a known appointment or election, but under such circumstances...

Albany Law Journal, Τόμος 27

1883 - 552 σελίδες
...facto, and his acts of as justice of the pence, though not those of a lawful officer, are valid BO far as they involve the interests of the public and third persons. See State v. Carroll, 38 Conn. 449; Braidy v. Theritt, 17 Kas. 468 ; Peterseila v. Stone, 119 Mass....

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 9

Nevada. Supreme Court - 1874 - 470 σελίδες
...jure board of trustees, it was at least a good de facto board of trustees. Who is an officer de facto? One whose acts, though not those of a lawful officer,...principles of policy and justice, will hold valid. See Trustees of Vernon v. HUl, 6 Cowen, 27; Smith v. Erb, 4 Gill, 460; People v. Mattice, 2 Abbott...

Reports of Decisions of the Supreme Court of the State of Nevada, Τόμος 9

Nevada. Supreme Court - 1874 - 468 σελίδες
...jure board of trustees, it was at least a good de facto board of trustees. Who is an officer de facto? One whose acts, though not those of a lawful officer,...principles of policy and justice, will hold valid. See Trustees of Vernon v. Hill, 6 Cowen, 27; Smith v. Erb, 4 Gill, 460; Peoplev. Matlice, 2 Abbott...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 18

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 602 σελίδες
...State v. Carroll, supra, Chief Justice Butler gave the following definition of an officer de facto : "An officer de facto is one whose acts, though not...persons, where the duties of the office were exercised. 1. Without a known appointment or election, but under such circumstances of reputation or acquiescence...

Dictionary of Terms and Phrases Used in American Or English ..., Τόμος 1

Benjamin Vaughan Abbott - 1879 - 1054 σελίδες
...thereof. Chisholm г. Coleman, 43 Ala. 204. An officer de facto is one whose acts, though he was not a lawful officer, the law. upon principles of policy...justice, will hold valid so far as they involve the public and third persons. State, к. Carroll, 38 Conn. 449. A defacto officer is one who goes in under...

A Treatise on the Law of Sheriffs and Other Ministerial Officers

William Law Murfree - 1884 - 782 σελίδες
...thorougly considered case in Connecticut,2 the law relating to officers de facto is thus laid down : "An officer de facto is one whose acts though not...the public and third persons where the duties of the officers were exercised, — "First. Without a known appointment or election, but under such circumstances...




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